BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090015027
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Army Commendation Medal (ARCOM) with V Device.
2. The applicant states that he feels that he should have been awarded the ARCOM with V Device because he served as an armor reconaissance scout in Vietnam with an air cavalry unit in helicopters and was constantly in firefights as the front for infantry units.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States in Charlotte, NC on 17 September 1969. He successfully completed his training as an armor reconnaissance specialist and he was transferred to Vietnam on 20 February 1970 for assignment to F Troop, 8th Cavalry Regiment as an armor reconnaissance scout. He was advanced to the rank/grade of specialist four (SP4)/E-4 on 21 May 1970.
3. He departed Vietnam on 19 April 1971 and he was transferred to Fort Lewis, WA where he was honorably released from active duty (REFRAD) as an overseas returnee on 20 April 1971. His DD Form 214 shows he served 1 year,
7 months, and 4 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), ARCOM, 1 overseas service bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
4. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. There are no automatic entitlements to this award.
5. Army Regulation 600-8-22 provides, in pertinent part, that the bronze V device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze V device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.
6. Army Regulation 600-8-22 also states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored. The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he should have been awarded the ARCOM with V Device is not in question, he has failed to show through the evidence of record and the evidence submitted with his application any evidence to support his contention.
2. The award of the ARCOM and the V Device are not automatic entitlements and must be properly justified and approved by the appropriate authorities before being awarded.
3. Accordingly, there appears to be no basis to award the applicant the ARCOM with V Device.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x______ __x____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________x___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090015027
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